District Court Judge Michael Huppert granted a temporary injunction to Iowa’s ‘fetal heartbeat’ abortion law, which was set to take effect July 1.
Michael Zamora, mzamora@dmreg.com

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Alice Clapman, a lawyer for Planned Parenthood Federation of America, argues against Iowa's fetal heartbeat abortion law on June 1. Planned Parenthood is requesting that a judge find the law unconstitutional in a motion for summary judgment.(Photo: Michael Zamora/The Register)Buy Photo

Lawyers for two abortion providers challenging Iowa's fetal heartbeat law are asking a judge to decide the case without going to trial, saying a recent state supreme court decision shows plainly that the law is unconstitutional.

In a motion for summary judgment filed Monday in Polk County District Court, lawyers representing Planned Parenthood of the Heartland and the Emma Goldman Clinic in Iowa City argued the judge should find that the fetal heartbeat law violates the Iowa Constitution.

A June Iowa Supreme Court decision found that the state's women have a fundamental right to abortion protected by the state constitution. The plaintiffs argue that the fetal heartbeat law "is plainly unconstitutional" in light of that ruling, which struck down a 72-hour waiting period to obtain an abortion.

"Given that the Iowa Constitution bars the state from imposing delay on women seeking an abortion, it plainly bars the state from prohibiting pre-viability abortions altogether," the groups argue.

The fetal heartbeat law would ban nearly all abortions after a fetal heartbeat is detected, which can occur about six weeks into a pregnancy and often before a woman realizes she’s pregnant. It is blocked from taking effect until the litigation is resolved.

The plaintiffs say the law violates Iowa women’s due-process rights, their rights to liberty, safety and happiness and their rights to equal protection under Iowa’s constitution.

Summary judgment is a legal action that attorneys can use to ask a judge to resolve a case without going to trial if the parties disagree on a legal issue but are in agreement on the basic facts of the matter. Polk County District Court Judge Michael Huppert has not yet entered an order granting or denying the motion.

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Alice Clapman with Planned Parenthood (from left), Rita Bettis with the ACLU and Martin Cannon, senior counsel for the Thomas More Society, talk Friday, June 1, 2018, before a hearing over Iowa's 'fetal heartbeat' abortion law at the Polk County Courthouse in Des Moines Michael Zamora/The Register

Martin Cannon, senior counsel for the Thomas More Society, talks with the judge Friday, June 1, 2018, during a hearing over Iowa's 'fetal heartbeat' abortion law at the Polk County Courthouse in Des Moines Michael Zamora/The Register

Alice Clapman with Planned Parenthood Federation of America speaks to the judge as Rita Bettis with the ACLU of Iowa looks on Friday, June 1, 2018, during a hearing over Iowa's 'fetal heartbeat' abortion law at the Polk County Courthouse in Des Moines Michael Zamora/The Register

Martin Cannon, senior counsel for the Thomas More Society (left), talks with Ken Munro, a lawyer representing the state of Iowa Friday, June 1, 2018, before a hearing over Iowa's 'fetal heartbeat' abortion law at the Polk County Courthouse in Des Moines Michael Zamora/The Register

Attorneys Caitlin Slessor and Sam Jones with the Emma Goldman Clinic chat Friday, June 1, 2018, before a hearing over Iowa's 'fetal heartbeat' abortion law at the Polk County Courthouse in Des Moines Michael Zamora/The Register

Attorney Rita Bettis with the ACLU of Iowa answers questions from members of the media Friday, June 1, 2018, during a news conference following a judge's decision to temporarily halt Iowa's 'fetal heartbeat' abortion law. Michael Zamora/The Register

Attorney Rita Bettis with the ACLU of Iowa looks on as Alice Clapman with Planned Parenthood Federation of America answers questions from members of the media Friday, June 1, 2018, during a news conference following a judge's decision to temporarily halt Iowa's 'fetal heartbeat' abortion law. Michael Zamora/The Register

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Lawyers for the Thomas More Society, a conservative law firm representing the state, have previously argued that "the state has a compelling interest in the lives of unborn Iowa children." They have not yet responded directly to the motion filed on Monday, however.

But the plaintiffs argue that the law "does not just restrict, but outlaws abortion virtually entirely" and is not narrowly tailored to advance the state's interest. The June Supreme Court decision requires laws restricting abortion in Iowa to survive the legal standard of strict scrutiny, meaning the state must show the law is narrowly tailored to serve a compelling government interest.

In a brief supporting their motion, the plaintiffs argue that the fetal heartbeat law "flagrantly violates that fundamental right to autonomy and knowingly endangers women."

"Given that women have a fundamental right to end an unwanted pregnancy, the state cannot possibly have a compelling interest in preventing women from doing so at the earliest stage of their pregnancy," they argue in the brief.